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Sarah discovers that her neighbor has been using part of her registered land for parking for 20 years. Under property law, what is her strongest legal position?

Correct Answer

B) She retains ownership and can seek removal of the encroachment at any time

Under the Torrens system, registered proprietors cannot lose title through adverse possession. The indefeasibility of title protects Sarah's ownership regardless of how long the neighbor has used the land, and she can take action to remove the encroachment.

Answer Options
A
She has lost ownership through adverse possession and cannot reclaim the land
B
She retains ownership and can seek removal of the encroachment at any time
C
The neighbor has gained automatic easement rights after 15 years of use
D
She must compensate the neighbor for improvements made to the parking area

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Related Topics & Key Terms

Key Terms:

Torrens titleindefeasibilityadverse possessionencroachmentregistered proprietor
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